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1. The Defendant’s KRW 71,00,000 and the Plaintiff’s annual rate of KRW 5% from September 1, 2013 to May 14, 2014.
Reasons
1. Basic facts
A. On February 10, 2012, the Plaintiff loaned C a total of KRW 145 million by paying only KRW 90 million on February 10, 2012, KRW 30 million on February 11, 2012, and KRW 25 million on June 17, 2012. As to this, C decided to pay the Plaintiff KRW 120 million on February 10, 2013, with the purport that it would pay the Plaintiff KRW 60 million on June 9, 2013, each of the authentic deeds of a monetary consumer loan agreement signed by the Plaintiff on February 10, 2012 and the authentic deeds of a monetary consumer loan signed by the Plaintiff on February 10, 2013.
Since then C repaid to the Plaintiff KRW 21,90,000 among the above borrowed money, and the Plaintiff paid KRW 123,100,000 to C remains the loan claim of KRW 145,00,000 (=loan 145,000,000 - KRW 21,90,00).
B. Around June 2012, C agreed to accept the shopping mall E (hereinafter “the shopping mall in this case”) from D with a price of KRW 151 million,00,000,000,0000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
C Pursuant to the above agreement, D paid D the down payment of KRW 30 million on June 26, 2012, and the intermediate payment of KRW 30 million on July 13, 2012, respectively. Around that time, C registered the instant shopping mall business in the name of F, an employee of C.
C. After that, around August 2012, C and the Defendant changed the name of the shopping mall in this case from F to the Defendant, and in return, C received a total of KRW 90 million from the Defendant for the 13-month period by dividing the amount of KRW 700,000 per month, and agreed that one half of the profits accrued from the operation of the shopping mall in this case should be divided.
On the other hand, C is insolvent as of the date of closing argument in this case.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6 (including branch numbers in case of additional number), Eul's evidence 1 through 7, Eul's witness C's partial testimony, and the purport of whole pleadings
2. The primary cause of the claim.